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Allahabad High Court

SHAHZAD RAHMANversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The High Court directed the trial court to decide the case expeditiously, preferably within one year, and to frame charges without unnecessary delay.

Summary

The applicant, Shahzad Rahman, filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of a pending criminal trial (Case No. 1522 of 2024) involving offences under Sections 323, 504 and 506 of the Indian Penal Code. The trial, pending before the Additional Civil Judge Senior Division‑7th, Ghaziabad, had been ongoing since 2024 without conclusion. The State’s Additional Government Advocate raised no objection to the applicant’s request. The High Court, after hearing counsel, directed the trial court to decide the matter within one year of the order and to frame charges without unnecessary delay or adjournments, provided no legal impediment exists. The application was consequently disposed of.

Issues considered

  • Whether the High Court can direct the trial court to expedite the disposal of a pending criminal case under Section 529 CrPC.

Legislation cited

Subjects

  • Section 529 CrPC
  • expeditious trial
  • case management
  • adjournment
  • charge framing
  • criminal procedure

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 2375 of 2026

                                    Shahzad Rahman
                                                                                                   .....Applicant(s)
                                                                         Versus

                                    State Of U.P. And 2 Others
                                                                                                        .....Opposite
                                                                                                              Party(s)

                                    Counsel for Applicant(s)               :   Lavkush Yadav, Nikil Pathak
                                    Counsel for Opposite Party(s)          :   G.A.

                                    Court No. - 84
                                                       HON'BLE PRASHANT MISHRA-I, J.

                                    1. Heard Mr. Nikil Pathak, learned counsel for the applicant and learned
                                    A.G.A. representing the State and perused the record.

                                    2. The instant application has been preferred by the applicant with a prayer
                                    for expeditious disposal of Case No. 1522 of 2024 (State Vs. Mohd.
                                    Shamshad and others) arising out of Case Crime No. 53 of 2024, under
                                    Sections 323, 504 & 506 of I.P.C., Police Station Link Road, District
                                    Ghaziabad, pending in the court of learned Additional Civil Judge Senior
                                    Division-7th, Ghaziabad within stipulated time.

                                    3. Learned counsel for the applicant submitted that the present case is
                                    pending since 2024 and the same has not culminated to its logical
                                    conclusion.

                                    4. Learned A.G.A. has no objection to the innocuous prayer of the applicant.

                                    5. In view of the above, it is directed that the learned trial court concerned
                                    shall make all endeavour to decide the aforesaid case expeditiously,
                                    preferably within a period of one year from the date of production of
                                    certified copy of this order. Learned trial court is also directed to frame
                                    charges against the accused persons without making any uncessary delay
                                    and without granting any unnecessary adjournment to either of the parties,
                                    if there is no legal impediment.

                                    6. With the aforesaid direction, this application is disposed of.


                                                                                           (Prashant Mishra-I,J.)
                                    May 12, 2026
                                    A. Mandhani




Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad


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